Ethics Committee referrals are by their nature confidential and cannot be shared unless a final determination of unethical conduct has been made. It is however reasonable to remind the Council and all members of the Massachusetts Psychiatric Society that the Goldwater Rule (section 7.3 of the Principles of Medical Ethics with Annotations Especially Applicable to Psychiatry) was restated March 15, 2017 by the APA Ethics Committee. That restatement clarifies that attempts to claim exceptions to the Goldwater Rule based on, for example, a “duty to warn” are not considered valid exceptions and continue to be viewed as unethical conduct is engaged in by any member of APA.

The MPS Ethics Committee is also awaiting further clarifications from the APA Ethics Committee based on inquiries made by MPS regarding APA’s procedures if certain ethical violations are alleged to have occurred when those alleged violations are only known to the complainant through news reports.

STANDING COMMITTEE CHARGE:

The Ethics Committee shall be responsible for investigation of complaints charging members with unethical behavior or practices, in accordance with procedures approved by the MPS and the APA. The Chair of the Committee shall be appointed yearly by the President. Additional members shall be appointed by the President, after consultation with the Chair. The members shall accept assignment on a rotating basis to serve on screening subcommittees. They shall disqualify themselves only if they are named a party to a complaint or under extraordinary circumstances upon approval of the Chair of the Ethics Committee.

Attendance at meetings of the Council, committees or other organizational entities: shall be open to all members of the MPS except for the meetings of the Ethics Committee.

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From THE CONSTITUTION AND BYLAWS OF THE MASSACHUSETTS PSYCHIATRIC SOCIETY

Article XVI –Committees

There shall be the following standing Committees of the MPS: Executive, Nominating, Membership, Constitution and Bylaws, Fellowship, Ethics and Continuing Medical Education.

The Ethics Committee shall be responsible for investigation of complaints charging members with unethical behavior or practices, in accordance with procedures approved by the MPS and the APA. The Chair of the Committee shall be appointed yearly by the President. Additional members shall be appointed by the President, after consultation with the Chair. The members shall accept assignment on a rotating basis to serve on screening subcommittees. They shall disqualify themselves only if they are named a party to a complaint or under extraordinary circumstances upon approval of the Chair of the Ethics Committee.

All Chairs of MPS committees or other entities are to be appointed yearly by the President [except where otherwise specified in the Constitution and Bylaws and shall be limited to three consecutive terms] unless this term limit is overridden by a two-thirds vote of the MPS Executive Committee.

No member of the MPS or organizational unit thereof shall speak in the name of, or encumber the funds of, the MPS unless such power is specifically granted by the MPS President or by a formal action of the Council of the MPS.

Article XVII –Attendance

Attendance at meetings of the Council, committees or other organizational entities: shall be open to all members of the MPS except for the meetings of the Ethics Committee. All organizational entities of the MPS may go into Executive Session.